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Full Version: [NIP Wizard] Caught by an over-bridge camera 85mph on 70mph speed limit
FightBack Forums > Queries > Speeding and other Criminal Offences
samed
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2012
Date of the NIP: - 0 days after the offence
Date you received the NIP: - 3 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A74 (M) Glasgow - carlisle road, southbound carriageway near to holms overbridge, beattock
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I don't normally drive over 80mph on motorways but on this day I was rushing back to England from my cutback holiday in Scotland, due to my other half's bad heath condition (she wanted to get back home to see her GP to get immediate attention). It was a cloudy day but the road was rather quiet & clear. I was driving along with couple of other cars on the speed lane, so they must also would have had similar NIPs

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - Scotland

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 08 Apr 2012 21:04:54 +0000


Dear members, I would greatly appreciate your advice on the available options for me on my case. Many thanks.
odom
As the NIP wizard says you basically have two choices - accept the fixed penalty you are likely to get if you return the form signed of £60 and 3 points on your licence, or go unsigned. There is plenty of information on unsigned if you search the forums

https://www.google.co.uk/search?sourceid=ch...440&bih=785

but basically, you need to avoid the police for six months and gamble between the small chance they make you a test case for a S172 prosecution, which would mean a probable 6 points and circa £500 fine, or most likely them dropping the case. IMO they are incredibly unlikely to want to test it for 85mph on a motorway but you never know.

Also, I'm not sure what you mean by the "speed lane" but there are only two types of lane on motorways - a driving lane, and overtaking lane(s). Contrary to what some drivers seem to think, you ought to be in lane one even if you wish to drive at more than 70mph, unless you are overtaking.
The Rookie
Just to follow this up, we have seen an increasing number of cases where summons are issued when people have gone unsigned as if they live a distance away it may not be economic to actually defend the case, even though you have a robust defence.
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